Royal Jones & Associates, Inc. v. First Thermal Systems, Inc.

566 So.2d 853 (1990)

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Nature of the Case

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Facts

D ordered three steel rendering tanks from P for use in its business of constructing rendering plants. The price was $64,350. D failed to appear at P's plant to take delivery of the tanks, refused to accept shipment of the tanks, and refused to pay the contract price. P sued D for breach. The court found that D had breached the contract and that the only testimony before it was that the goods were specially manufactured for D and were not suitable for sale in the ordinary course of P's business. The court entered judgment for P under 2-709 for $64,350, interest to the date of trial in the amount of $8,630.56, and attorney's fees and costs in the amount of $3,528.07. D appealed.